Opinion: The Supreme Court hearing may likely be by the spring of 2027, long enough to provide a more-than-welcome cooling off period for the beleaguered New Democrats
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VICTORIA — The legislature was nearing the end of question period Thursday, when Opposition leader Trevor Halford pitched yet another question to attorney general Niki Sharma regarding the DRIPA controversy.
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The spring session had opened with Premier David Eby promising amendments to the Declaration on the Rights of Indigenous Peoples Act.
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The premier then changed his position a half dozen or so times over the session before finally abandoning plans to amend or suspend the Act, in favour of further talks with the province’s Indigenous leadership.
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Now, with the session nearing the end, could Sharma say whether the on-again, off-again DRIPA revisions will be ready for introduction when the house reconvenes in October?
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Halford had already asked earlier in the week about the state of legislative readiness regarding the fall session.
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Sharma had simply changed the subject.
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“The Opposition is very focused on trying to figure out what political gains can be made out of this challenge, with making fundraising emails over and over again to bring fear to the public. We’re going to stay focused.”
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When Halford asked the same question Thursday, he provided the attorney general with an opening, and she seized it.
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“I’m really happy, actually, to give an update to the house on some news that we heard this morning, that the Supreme Court of Canada granted our leave application,” said Sharma.
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“We were successful in getting leave to appeal at the Supreme Court of Canada. This is an avenue to address the legal challenges that is open to us now.”
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You could almost hear the collective sigh of relief ripple across the government side of the house.
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The New Democrats have been squirming over DRIPA since last December. That is when the B.C. Court of Appeal threw out the province’s mineral claims legislation as incompatible with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
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The court found that the Declaration Act and a related change in the Interpretation Act required that all provincial laws be immediately consistent with UNDRIP principles.
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Eby disagreed. He vowed to amend or suspend portions of the Act while the province sought leave to take the case to the Supreme Court of Canada.
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By April, he was telling reporters that the changes could not be put off because of the looming threat that other provincial laws would be challenged as inconsistent with UNDRIP.
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He claimed some 20 such challenges or amendments had already been filed, citing a count provided by the ministry of the attorney general.
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At midday on April 19, Eby was still saying that in the week to come, the province would proceed with a legislative fix to the Declaration Act.
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A few hours later, he put the changes on hold in the face of a threat of “collective resistance” from the province’s Indigenous leadership.
